RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-00685
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 9 SEP 07
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical conditions, condition of the skeletal system,
hiatal hernia, and inflammation of sciatic nerve, be assessed as combat
related in order to qualify for compensation under the Combat Related
Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He believes the decision on his CRSC application is in error. He states
his injuries occurred during simulated combat activity during military
training in South East Asia when he was knocked off a truck.
In support of his request, the applicant provided documentation associated
with his CRSC application.
Applicant’s complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant contracted his initial enlistment in the Regular Air Force on 23
September 1968. He was progressively promoted to the grade of master
sergeant, having assumed that grade effective and with a date of rank of 1
January 1986. He served as a Manpower Management Superintendent. On 31
December 1990, he was relieved from active duty and retired from the Air
Force on 1 January 1991, having served 22 years, 3 months, and 8 days on
active duty.
Available Department of Veterans Affairs (DVA) records reflect a combined
compensable rating of 40% for his unfitting conditions.
His CRSC application was disapproved on 21 September 2005 based upon the
fact that his service-connected medical conditions were determined not to
be combat-related.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD states the applicant’s condition of the
skeletal system, hiatal hernia, and inflammation of the sciatic nerve are
not conditions that meet the mandatory criteria for compensation under
CRSC. Although the evidence does indicate the applicant injured his back
several times throughout his career, it does not confirm the circumstances
described by the veteran. However, the events described by the applicant
are not considered combat-related.
With regard to his hiatal hernia, when considering chronic conditions under
the CRSC guidelines, it may be difficult to determine the definitive cause.
To approve CRSC, clear documentation must be provided which links the
condition to a combat-related factor rather than to the individual’s
physical make-up or some other routine cause.
Additionally, injuries from routine activities, such as lifting or moving
equipment, are not sufficient to be considered combat related, even when
the event occurred while performing military duties or training.
The DPPD complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 5 May
2006 for review and comment within 30 days. As of this date, this office
has received no response.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law or
regulations.
2. The application was timely filed.
3. Insufficient relevant evidence has been presented to demonstrate the
existence of error or injustice. After a thorough review of the available
evidence of record, it is our opinion that the service-connected medical
conditions the applicant believes are combat-related were not incurred as
the direct result of armed conflict, while engaged in hazardous service, in
the performance of duty under conditions simulating war, or through an
instrumentality of war, and therefore, do not qualify for compensation
under the CRSC Act. We agree with the opinion and recommendation of the
Air Force office of primary responsibility and adopt its rationale as the
basis for our conclusion that the applicant has not been the victim of an
error or injustice. In the absence of evidence to the contrary, we find no
compelling basis to recommend granting the relief sought in this
application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of an error or injustice; the application was denied without
a personal appearance; and the application will only be reconsidered upon
the submission of newly discovered relevant evidence not considered with
this application.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-2006-
00685 in Executive Session on 23 August 2006, under the provisions of AFI
36-2603:
Mr. Thomas S. Markiewicz, Chair
Mr. Alan A. Blomgren, Member
Mr. Richard A. Peterson, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 3 Mar 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 11 Apr 06.
Exhibit D. Letter, SAF/MRBR, dated 5 May 06.
THOMAS S. MARKIEWICZ
Chair
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